The rocket docket factor: there's a modest correlation between judicial efficiency and plaintiff success, both in percent and payoff. Time-to-trial starts the clock at complaint date to the first day of trial, bench or jury.

Success is considered liability + damages for the patent holder; a "loss" being a win for the alleged infringer.

In 2007, 58% of trials were from the bench, 42% jury trial, nearly the same as 2006. That reflects a marked shift toward jury trial from past decades.

Appeal changes the dice roll. Patent holders appeal their losses more often than alleged infringers - after summary judgment, 34% versus 23%; after trial: 57% versus 33%. Patent holders have better luck on appeal after trial, and from jury trials than bench trials, compared to summary judgment; conversely so, infringers.

At 71%, North Illinois takes the cake for decisions reversed or modified upon appeal.